Alternatives to Court may give better results

Helen Cankett, associate in the matrimonial law team, advises parting couples to consider using cost-effective alternatives to the traditional court-led process of divorce or separation. 

As the bells were ringing in the New Year, were you one of the many people making a resolution to bring about a positive change in your life? 

For some, this will mean reaching the difficult decision to end a relationship. The festive period is often described as a time of stress for families during which relationships can founder and the new year can seem the opportune time to move on. January is one of the busiest months for family lawyers as advice is sought regarding divorce, separation or children matters. 

If you find yourself in this situation, you may be wondering how you can minimise the emotional and financial fallout. Our advice would be to consider trying alternatives to the traditional court-led process. Mediation or Collaborative Family Law both give you more control over the final outcome and are constructive and cost-effective ways of resolving the important issues that arise on relationship breakdown. 

Mediation is a voluntary and confidential process whereby couples discuss matters face to face with the assistance of an impartial mediator. The mediator cannot give legal advice but can provide a wealth of legal information to help both parties consider their options and make decisions. Agreements reached in mediation are not legally binding but can be converted into such by a solicitor. It is wise for the couple to each have a solicitor in the background to provide them with advice when they need it. 

Collaborative Family Law involves the couple each instructing their own specially trained solicitor and, with those solicitors, signing an agreement at the outset that they will not go to court to resolve the differences between them. Discussions take place face to face like mediation, but unlike mediation, the solicitors are present and provide advice and assistance throughout the process. It is also possible to bring other professionals into those discussions, such as financial advisors, pensions experts or family consultants. 

The divorce rate in 2010 increased for the first time since 2003, although the marriage rate continues to decline. This has prompted many to call for improved legal rights for separating, unmarried, cohabiting couples, although the Supreme Court's decision in the recent case of Jones v Kernott may assist some. In that case, the Court decided that Ms Jones was entitled to a greater share of the jointly owned former family home than her former partner, partly as she had solely maintained the property following separation. Had the issue arisen at the point of separation however, the couple would have been entitled to half each. 

So, if the new year sadly brings the end of a relationship for you, it is worth considering the use of either mediation or Collaborative Family Law in an effort to avoid expensive litigation with all the uncertainties that this inevitably brings. 

For further information or advice on divorce, separation or any family matter, Helen Cankett can be contacted on 01752 675161 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it